Fight against corruption in Kosovo

Ambassador O’Connell’s speech during roundtable conference of the Kosovo Law Institute on the fight against corruption.

[The speech was delivered in Albanian language]

Dear present,

It is my pleasure to take part in this wide forum, attended by the main stakeholders of the Kosovo justice system, and international friends who are making all their efforts to help the state of Kosovo in its path towards the European Union, and building a Kosovo state of law, where citizens enjoy their rights and well-being.

Already at the onset, I would wish to express the concerns and issues related to the current situation in Kosovo. These situations are not new, they have been persistent in inhibiting the Kosovo citizens’ journey in their European perspective and towards a better life.
I would like to thank the Institute for a very useful report. I hope recommendations will be implemented.

Kosovo has not had an easy road in making statehood. Kosovo’s people, and its international friends, have had great hopes for the future. Yet, I see people losing their hopes.

I am a simple man. I like telling the truth. There are many politicians in Kosovo who find corruption abhorrent. This is the truth. Yet, the fact of extremely rapid enrichment of some power-holders obviously and clearly shows they have used such power to their own purposes. I continue to believe in Kosovo’s structures, and they must and they can administer justice and combat corruption. If the people want change, they have to pursue change. They must make the change.

Kosovo has already signed the Stabilization-Association Agreement. This means that Kosovo will now be treated as any other country. This means that we, the European and international friends of Kosovo, will demand more from Kosovo.

The Progress Report says that “the judiciary continues to be influenced through politics. It is rare for high level corruption investigations to take place, or to produce a final conviction.
It is now time for the political leaders and law enforcers to put the interests of the state first, and fight against corruption, without compromise. When I say fight corruption, I mean fight against high-level corruption. Corruption which impedes Kosovo’s journey towards European integration. Corruption preventing foreign investors from coming to invest in Kosovo. Any deviation from the path can only impede further progress and integration.
In this battle against corruption and organized crime, justice authorities must not and cannot allow for any selective justice. We have recently witnessed such an event. Kosovo cannot and must not allow for any political interference with judicial processes.

An example of failure of the justice system is the case of former Mayor of Kaçanik, Xhabir Zharku. He was convicted, but his sentence was not served. The justice system failed in keeping him in Kosovo and serving his sentence, like all other sentenced people. This possibility of amnesty for Zharku was allowed by the justice system. This cannot be allowed in a system with division of powers and accountability. Most recent news, if true, was that Zharku attended an event organized by the Government of Kosovo in Sweden. This if true is utterly shocking.

I became a diplomat, because I believe that public servants help in building a better future for all in society. Distinctly, public servants in the justice system could become the new heroes of Kosovo.

Yet, the judicial authorities are not fulfilling their mandate in combating organized crime and corruption. A report of the Kosovo Justice Institute stated that based on indictments and sentences imposed in Kosovo, it may seem that corruption is only found at lower levels. Judicial bodies have not found the courage to prosecute powerful people, corrupt power-holding people inhibiting Kosovo’s future.

Another example is the case of the former President of the Municipal Court in Prishtina. I do not want and I am not competent to comment on the judicial rulings, but he was given a suspended sentence of two years. The ruling provides that the damage caused amounted to sixty million Euros, and there was not a single cent confiscated for the Kosovo Budget. What does that mean? What is the message for Kosovo citizens? To regain the trust in justice, citizens must see fair and just judicial rulings.

Does anyone demand accountability and liability of judiciary members?
There are many cases in which the prosecutors or judges were arrested for corruption, yet nothing happens. When citizens see justice not administered, they lose confidence in justice. They become disenfranchised.

Failure to act or impunity for prosecutors and judges involved in such offences can only further promote corruption in Kosovo.

I agree with the Minister when he said that the culture of impunity should stop and to create a culture where violation of law is punished.

This year, we have marked the 800th anniversary of Magna Carta, which brought the foundations for the British Judiciary, and has had wider effect as well. In this occasion, I want to reiterate one of its principles:

No one is above the law, not even the King himself.

This should hold true in any country, including Kosovo.
I believe in Kosovo. I trust the people of Kosovo. That is why we have recognized Kosovo, because we believe Kosovo can and must assume responsibility for its own future. I know that there are many judges and prosecutors waking up every day with the zeal of fighting corruption and crime, but we must say the truth. This war is not being won. In fact, it has not even started properly. Too many people are part of corruption, and not of the fight against this cancer.